20201964 Ver 2_USACE Application Withdrawal_20220314

Strickland, Bev
From: Lastinger, James C CIV USARMY CESAW (USA) <[e-mail]>
Sent: Monday, March 14, 2022 12:14 PM
To: Ward Marotti
Cc: Cohn, Colleen M
Subject: [External] RE: [URL Verdict: Neutral][Non-DoD Source] RE: Apollo site, pending NWP
PCN, NWPR vacatur, SAW-2019-02355
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Ward,
On November 11, 2021, you applied for a Department of the Army authorization to place dredge or fill
material in waters of the U.S. for the construction of residential subdivision, known as Apollo 55. Total
permanent impacts from this proposal are 0.48 acre of wetlands and 387 LF of stream channel (2,072 sq. ft).
Heavy equipment, including graders, pan scrapers, excavators, bull dozers, etc. would be used for the
construction of the project. Completion of the proposed project would require the placement of fill in
jurisdictional waters of the U.S.
Based upon an incomplete letter sent to you via email on December 10, 2021, it was determined that your
application for DA authorization was incomplete. Due to the NWPR vacatur it was understood that a project
redesign was needed. On February 2, 2022 you were notified via email that a response was needed within 30
days (see email below) or the application may be withdrawn due to lack of applicant response.
To date, we have not received all the requested information and your application has been inactive for 40
days. As such, we are notifying you that your permit application request has been withdrawn. Please be aware
that once we receive all of the additional information requested, we will be able to continue processing your
permit application. You will have to resubmit your pre -construction notification. If you have questions or
comments, please contact me.
James Lastinger
Regulatory PM
Raleigh Regulatory Field Office
US Army Corps of Engineers, Wilmington District
ADDRESS: 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587
Phone: [phone]
Please note that I am teleworking almost exclusively. Email is the best way to reach me.
Original Message
From: Ward Marotti <[e-mail]>
Sent: Wednesday, February 02, 2022 11:14 AM
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To: Lastinger, James C CIV USARMY CESAW (USA) <[e-mail]>
Cc: [e-mail]
Subject: [URL Verdict: Neutral][Non-DoD Source] RE: Apollo site, pending NWP PCN, NWPR vacatur, SAW-
2019-02355
Thanks for the outreach James.
The applicant is having their engineer revise the design, per the addition of another jurisdictional feature. I
hope to have the revised plans within a week or so, at which time I will provide an updated PCN.
Ward Marotti
Vice President I Director - Land & Water Resources Raleigh ? Charlotte ? Charleston ? Tampa
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From: Lastinger, James C CIV USARMY CESAW (USA) <[e-mail]>
Sent: Wednesday, February 2, 2022 11:09 AM
To: Ward Marotti <[e-mail]>
Cc: [e-mail]
Subject: Apollo site, pending NWP PCN, NWPR vacatur, SAW-2019-02355
Ward,
I know you are well aware of the issues regarding the Apollo site with respect to the NWPR and permitting for
this project. We have had several communications with you regarding this project. The last communication
being via email on January 20, 2022, and to date have not received an answer regarding the applicants desire
to move forward. The application is still considered incomplete with an incomplete notice provided to you on
12/10/2021.
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As you are aware the Corps may no longer finalize any regulatory action that relies on a NWPR AJD to
document geographic jurisdiction. Accordingly the applicant has the following options to address the JD for
this site in order to move forward with the current PCN that was submitted:
(1) geographic jurisdiction interpreted and documented in the administrative record consistent with the
currently applicable WOTUS definition (i.e., an AJD decided under the pre-2015 regulatory regime); or,
(2) a PJD; or,
(3) a delineation of aquatic features impacted by the project that is not reliant on a JD.
Please let me know asap how the applicant would like to proceed.
If a response is not received within 30 days of receipt of this email, the applicant may be withdrawn due to
lack of applicant response. Please let me know if you have any questions or concerns.
James Lastinger
Regulatory PM
Raleigh Regulatory Field Office
US Army Corps of Engineers, Wilmington District
ADDRESS: 3331 Heritage Trade Drive, Suite 105 Wake Forest, NC 27587
Phone: [phone]
Please note that I am teleworking almost exclusively. Email is the best way to reach me.
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